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Ninth Circuit Allows Data Scraping from LinkedIn

By Marianna Wharry
May 01, 2022

The U.S. Court of Appeals for the Ninth Circuit reaffirmed data analytics company hiQ Labs Inc.'s ability to scrape publicly available data from LinkedIn's platform despite the social media company's claim that the data collected violated federal hacking laws.

The appeals court previously upheld hiQ Labs' preliminary injunction prohibiting LinkedIn from denying the data company access to publicly available profiles in September 2019. The U.S. Supreme Court granted certiorari, vacated the panel's judgment and remanded for consideration in light of its decision in Van Buren v. U.S. regarding the Computer Fraud and Abuse Act (CFAA).

The panel unanimously concluded April 18 that Van Buren reinforced its original findings that hiQ successfully raised serious questions about if LinkedIn can invoke the CFAA to preempt hiQ's tortious interference claim, court records show.

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